FedCircuitBlog

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article discussing Apple’s plan to “introduce watches without the blood oxygen monitoring feature” after the Federal Circuit “lifted a stay of the U.S. International Trade Commission’s ban on the original products”; and
• an article highlighting how “[f]our 2023 opinions concerning claim construction from the U.S. Court of Appeals for the Federal Circuit offer lessons on how patent prosecution can affect later litigation.”

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, there is no new activity to report since our last update. With respect to petitions, two new petitions were filed with the Court, one in a veterans case and one in a pro se case. Additionally a waiver of right to respond was filed in a pro se case and an amicus brief was filed in a patent case raising a question related to the Federal Vacancies Reform Act. Finally, the Court denied petitions in a Tucker Act case and in a takings case. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, a merits brief and an amicus brief were filed in Vidal v. Elster, a trademark case concerning the First Amendment. With respect to petitions, three new petitions were filed with the Court in two patent cases addressing eligibility and prosecution laches respectively and in a takings case. Additionally, waivers of right to respond were filed in the patent case addressing prosecution laches and in a pro se case, and a supplemental brief was filed with the Court in a patent case addressing eligibility. Finally, three amicus briefs were filed in a patent case addressing judicial review of determinations whether to institute inter partes review proceedings. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include a new petition presenting questions related to obviousness, a response brief addressing standards governing reissue, and denials of two petitions presenting questions related to definiteness and claim construction. Here are the details.

This morning, the Federal Circuit released one precedential opinion, three nonprecedential opinions, and a Rule 36 judgment. In the precedential opinion, the court affirmed a judgment of the Eastern District of Texas in a patent case. In the nonprecedential opinions, the Federal Circuit dismissed a case appealed from the Court of Appeals for Veterans Claims, affirmed a judgment of the Court of Federal Claims, and affirmed a judgment of the Merits Systems Protection Board. Here are the introductions to the opinions and link to the Rule 36 judgment.